The best interests of the child refers to the factors most courts consider when making decisions on child custody and visitation rights.
These factors may include the needs and circumstances of the child (happiness, security, mental health, emotional development, educational opportunities, special needs, siblings, religious and cultural considerations, continuity and stability, child’s wishes) and the circumstances of the parent or caregiver (relationships, living arrangements, history of abuse, mental health, physical health, financial resources, substance abuse).
There is generally a presumption that it is in a child’s best interests to have a relationship with both of the child’s biological parents—unless one or both of the parents are shown to be unfit parents.
In Georgia, the 'best interests of the child' standard is the guiding principle for courts when making decisions regarding child custody and visitation rights. This standard is comprehensive and takes into account various factors that affect the well-being of the child. These factors include, but are not limited to, the child's safety, happiness, mental and emotional development, educational needs, special requirements, the child's relationship with siblings, and the child's cultural and religious upbringing. Additionally, the court considers the stability of the child's environment, the child's own wishes (depending on their age and maturity), and the capacity of each parent to provide for the child's needs. The parents' physical and mental health, history of substance abuse, financial stability, and any history of abuse are also scrutinized. While there is a general presumption in favor of maintaining a relationship with both biological parents, this presumption can be overcome if evidence shows that a parent is unfit. The ultimate goal of the court is to ensure that the custody arrangement serves the child's best interests, promoting their overall welfare and development.